Title 34

NRS 388.473 “Aversive intervention” defined. “Aversive intervention” means any of the following actions if the action is used to punish a pupil with a disability or to eliminate, reduce or discourage maladaptive behavior of a pupil with a disability: 1. The use of noxious odors a…

NRS 388.476 “Chemical restraint” defined. “Chemical restraint” means the administration of drugs to a person for the specific and exclusive purpose of controlling an acute or episodic behavior that places the person or others at a risk of harm when less restrictive alternative in…

NRS 388.478 “Corporal punishment” defined. “Corporal punishment” means the intentional infliction of physical pain, including, without limitation, hitting, pinching or striking. (Added to NRS by 1999, 3237)—(Substituted in revision for NRS 388.5225)

NRS 388.485 “Electric shock” defined. “Electric shock” means the application of electric current to a person’s skin or body. The term does not include electroconvulsive therapy. (Added to NRS by 1999, 3237)—(Substituted in revision for NRS 388.523)

NRS 388.487 “Emergency” defined. “Emergency” means a situation in which immediate intervention is necessary to protect the physical safety of a person or others from an immediate threat of physical injury or to protect against an immediate threat of severe property damage. (Added…

NRS 388.491 “Mechanical restraint” defined. “Mechanical restraint” means the use of devices, including, without limitation, mittens, straps and restraint chairs to limit a person’s movement or hold a person immobile. (Added to NRS by 1999, 3238)—(Substituted in revision for NRS 3…

NRS 388.494 “Physical restraint” defined. “Physical restraint” means the use of physical contact to limit a person’s movement or hold a person immobile. (Added to NRS by 1999, 3238)—(Substituted in revision for NRS 388.5255)

NRS 388.495 “Verbal and mental abuse” defined. “Verbal and mental abuse” means actions or utterances that are intended to cause and actually cause severe emotional distress to a person. (Added to NRS by 1999, 3238)—(Substituted in revision for NRS 388.526)

NRS 388.497 Aversive intervention prohibited. A person employed by the board of trustees of a school district or any other person shall not use any aversive intervention on a pupil with a disability. (Added to NRS by 1999, 3238)—(Substituted in revision for NRS 388.5265)

NRS 388.499 Physical restraint and mechanical restraint prohibited; exceptions. A person employed by the board of trustees of a school district or any other person shall not: 1. Except as otherwise provided in NRS 388.501, use physical restraint on a pupil with a disability. 2. E…

NRS 388.501 Conditions under which physical restraint may be used; report required; requirements if pupil has three or five reports of use of restraint in 1 school year. 1. Except as otherwise provided in subsection 2, physical restraint may be used on a pupil with a disability o…

NRS 388.503 Conditions under which mechanical restraint may be used; report required; requirements if pupil has three or five reports of use of restraint in 1 school year. 1. Except as otherwise provided in subsection 2, mechanical restraint may be used on a pupil with a disabili…

NRS 388.505 Mandatory education and training for staff. 1. The Department shall develop a model program of education for use by the school districts to train the members of the staff of the schools within the school districts who are identified in the individualized education pro…

NRS 388.506 Disciplinary action against person for intentional violation. In addition to any penalty prescribed by specific statute, a person who intentionally uses aversive intervention on a pupil with a disability or intentionally violates NRS 388.499 is subject to disciplinary…

NRS 388.508 Report of violation; corrective plan required; appointment of administrator to oversee school under certain circumstances. 1. A school where a violation of NRS 388.471 to 388.515, inclusive, occurs shall report the violation to the board of trustees of the school dist…

NRS 388.511 Retaliation for reporting violation prohibited. An officer, administrator or employee of a public school shall not retaliate against any person for having: 1. Reported a violation of NRS 388.471 to 388.515, inclusive; or 2. Provided information regarding a violation o…

NRS 388.513 Reporting of denial of rights; investigation and resolution of disputes by Department. 1. A denial of rights of a pupil with a disability pursuant to NRS 388.471 to 388.515, inclusive, must be entered in the pupil’s cumulative record and a confidential file maintained…

NRS 388.515 Annual report by school districts on use of restraint and violations; compilation of reports by Department; submission of compilation to Legislature. 1. The board of trustees of each school district shall, on or before August 1 of each year, prepare a report in the fo…

NRS 388.5155 Definitions. As used in NRS 388.5155 to 388.5195, inclusive, unless the context otherwise requires, the words and terms defined in NRS 388.516, 388.5165 and 388.517 have the meanings ascribed to them in those sections. (Added to NRS by 2019, 3936)

NRS 388.516 “Individualized education program” defined. “Individualized education program” has the meaning ascribed to it in 20 U.S.C. § 1414(d)(1)(A). (Added to NRS by 2019, 3936)

NRS 388.5165 “Individualized education program team” defined. “Individualized education program team” has the meaning ascribed to it in 20 U.S.C. § 1414(d)(1)(B). (Added to NRS by 2019, 3936)

NRS 388.517 “Individualized family service plan” defined. “Individualized family service plan” has the meaning ascribed to it in 20 U.S.C. § 1436. (Added to NRS by 2019, 3936)

NRS 388.5175 Advisory Committee on Language Development for Children Who Are Deaf, Hard of Hearing, Blind or Visually Impaired: Establishment; members; chair; quorum; compensation. 1. The Superintendent of Public Instruction shall establish within the Department the Advisory Comm…

NRS 388.518 Advisory Committee on Language Development for Children Who Are Deaf, Hard of Hearing, Blind or Visually Impaired: Duties. The Advisory Committee on Language Development for Children Who Are Deaf, Hard of Hearing, Blind or Visually Impaired shall: 1. Recommend to the …

NRS 388.5185 Development and dissemination of written resource for use by parents or guardians to evaluate development of language and literacy skills. 1. The State Board shall evaluate the criteria recommended by the Advisory Committee on Language Development for Children Who Ar…

NRS 388.519 Adoption of regulations prescribing criteria for use by school employees and providers of services to evaluate development of language and literacy skills; distribution of summary of criteria; training concerning use of criteria. 1. The State Board shall, after consid…

NRS 388.5195 Report concerning development of language and literacy skills. On or before July 31 of each year, the Department of Education, in collaboration with the Aging and Disabilities Services Division of the Department of Human Services, shall compile and post on an Interne…

NRS 388.5223 Eligibility for benefits. A person with a disability is eligible to receive the benefits provided pursuant to NRS 388.5223 to 388.5243, inclusive, if: 1. The person is a resident of the State of Nevada; 2. The person is under 22 years of age, except that where the en…

NRS 388.5239 Priority of placement in homes or facilities located in this State. Persons with disabilities who are entitled to benefits pursuant to NRS 388.5223 to 388.5243, inclusive, must be given priority of placement in homes or facilities which are located in this State and …

NRS 388.5241 Monitoring of children placed in foster homes and residential facilities outside State. The Division of Child and Family Services of the Department of Human Services shall, when monitoring children under its authority whom it has placed in foster homes and residentia…

NRS 388.5243 Account for State Special Education Services: Creation; use of money in Account; regulations. 1. The Account for State Special Education Services is hereby created in the State General Fund to be administered by the Superintendent of Public Instruction. The Superinte…

NRS 388.5251 Definitions. As used in NRS 388.5251 to 388.5267, inclusive, “gifted and talented pupil” means a person under the age of 18 years who demonstrates such outstanding academic skills or aptitudes that the person cannot progress effectively in a regular school program an…

NRS 388.5253 Provision of education to gifted and talented pupils. 1. The Legislature declares that funding provided for each school year establishes financial resources sufficient to ensure a reasonably equal educational opportunity to gifted and talented pupils residing in Neva…

NRS 388.5257 Pupils not required to take advantage of special provisions for education. A pupil must not be required to take advantage of the special provisions for the education of gifted and talented pupils if the parent or guardian of the pupil files a statement with the board…

NRS 388.5259 Placement of child in special program. 1. Before any child is placed in a special program for gifted and talented pupils: (a) A consultation must be held with the child’s parents or guardian. (b) An examination must be conducted for the purpose of finding the extent …

NRS 388.5261 Age for admission to special programs; enrollment counted for apportionment. Gifted and talented pupils may be admitted at the age of 4 years to special programs established for such pupils, and their enrollment or attendance may be counted for apportionment purposes…

NRS 388.5263 Special ungraded schools and programs; powers of trustees. 1. Gifted and talented pupils may be instructed in special ungraded schools or within special programs established for the instruction of such pupils. 2. Boards of trustees of school districts may: (a) Purcha…

NRS 388.5267 Minimum standards for special education of gifted and talented pupils; limitation on apportionment of state money for instruction. 1. The State Board shall prescribe minimum standards for the special education of gifted and talented pupils. 2. The minimum standards p…

NRS 388.532 Development of programs. 1. The State Board in cooperation with the board of trustees of the various county school districts shall develop for pupils in the first through eighth grades: (a) Programs designed to reduce the number of pupils who drop out of school; and (…

NRS 388.537 Alternative programs for pupils at risk of dropping out of school. 1. The board of trustees of a school district may, subject to the approval of the Superintendent of Public Instruction, operate an alternative program for the education of pupils at risk of dropping ou…

NRS 388.550 Employment of teachers with approval of juvenile court and county commissioners. 1. With the approval of the juvenile court and the board of county commissioners, the board of trustees of a school district may employ necessary legally qualified teachers for the instru…

NRS 388.560 Courses of instruction; school district to furnish textbooks, equipment and supplies. Only courses of instruction approved by the State Board may be given in such local, regional or state facilities for the detention of children, alternative programs or juvenile fores…

NRS 388.570 Computation of enrollment and average daily attendance. The State Board shall establish regulations for the computation of enrollment and average daily attendance of children detained in facilities for the detention of children, alternative programs and juvenile fores…

NRS 388.591 Establishment of Program; creation and delivery of State Seal of Biliteracy; participation in Program; regulations. 1. The Superintendent of Public Instruction shall establish a State Seal of Biliteracy Program to recognize pupils who graduate from a public high schoo…

NRS 388.593 Criteria for award of State Seal of Biliteracy. A school district, charter school and university school for profoundly gifted pupils that participates in the State Seal of Biliteracy Program established pursuant to NRS 388.591 must award a pupil, upon graduation from …

NRS 388.5933 Establishment of Program; creation and delivery of State Seal of Civics; participation in Program; regulations. 1. The Superintendent of Public Instruction shall establish a State Seal of Civics Program to recognize pupils who graduate from a public high school, incl…